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UDSL Students Study Comparative Law in Italy

students eating dinner in Sorrento, Italy

Imagine sitting through a half-day law lecture during a beautiful, sunny summer afternoon. Doesn’t sound so ideal? Well, imagine sitting through a half-day law lecture during a beautiful, sunny summer afternoon while outside, perched on top of Mount Solero, on the isle of Capri in Italy, learning comparative human rights law against a backdrop of the Mediterranean Sea, Mt. Vesuvius, and the limestone cliffs of the Italian coastline. Now that’s more like it.

Earlier this summer, Professor Richard Saphire led 10 UDSL students and one UD undergraduate through a 3-credit comparative human rights course, which consisted of one week of classes on campus and then two weeks of classes in and around Sorrento, Italy. The 3,000 ft. mountaintop setting was a favorite classroom spot for Saphire and his students, even if he said the natural beauty gave him some competition for students’ attention.

“We discussed human rights overlooking the bright blue waters and rocky cliffs of the island,” recalled UDSL student Monica Saylor. “Having class in that setting is something I will never forget.”

Beyond the idyllic Mediterranean vistas, another highlight of the course was the opportunity to meet with Italian law professionals and see them in action. The group participated in a round-table discussion with lawyers, professors, and judges from the University of Naples School of Law and also observed legal proceedings at a local court.

“The judges and court officers were very accommodating, even changing the docket on the fly so we could see a case with witness testimony,” said Saylor. “The case that we saw concerned a man who had been banished from Sorrento and had been caught there again. He was stopped randomly by police. This was amazing to me, the police had no probable cause to stop him and yet this was perfectly within their right.”

Such differences between the Italian and American legal systems took some students by surprise, but also caused them to carefully consider the positive aspects of both systems.

“My first reaction was to dismiss their structure as sub-standard to the U.S. system; I went into the experience a political snob,” said Saylor. “As a result of this class I have a new-found appreciation for the cultures, customs, judicial systems and human rights of other countries.”

“Different countries approach the law from different perspectives. A nation’s experience and history is reflected in the way rights are included and expressed,” explained Saphire. The Italian constitution includes some things explicitly, things like family rights, reflecting the influence of the Catholic Church.”

As a part of the course curriculum, Saphire and his students examined and discussed many legal documents including the U.S. Constitution, the Italian Constitution, the International Bill of Rights, and the European Charter of Fundamental Rights. “You look at the U.S. Constitution again and it seems to omit things that seem important,” Saphire said.

Further comparison was encouraged outside of the classroom. One assignment that Saphire gave his students required that they talk with locals they met on public transportation or in bars to find out what was the popular opinion about Italy’s legal system.

“We were able to engage in conversations that let us compare the good aspects and bad aspects of our legal system, and not simply accept our system as the only way of doing things,” said UDSL student Susan Suriano. I think that this is a very important aspect of becoming a more well-rounded student and advocate for justice.”

Plenty of free time was also built into the course, allowing the group to learn about the history of the region that has infused itself into Italy’s present-day constitution. “Being able to walk through The [Roman] Forum and see remnants of a civilization two thousand years old made the world seem smaller and students from Dayton, Ohio a little more connected to history,” Suriano reflected.

UDSL students first traveled to Sorrento, Italy last summer with Professor Dennis Turner. Saphire predicts that the program will only continue to grow in popularity and said he hopes to have the opportunity to return with students on an upcoming trip. “I wish I had done it 10 years ago,” he said.

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